Torres
Torres v. City & County of San Francisco
Opinion
Lead Opinion
MEMORANDUM **
William Torres appeals the district court’s grant of summary judgment in favor of the City and County of San Francisco (City). Torres brought this action pursuant to 42 U.S.C. § 1983 , Title VII of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000e et seq.), the Americans With Disabilities Act (ADA) ( 42 U.S.C. §§ 12101 et seq.) and California’s Fair Employment and Housing Act (FEHA), alleging that he was unlawfully investigated and reassigned following a complaint by two female interns that he acted in a sexually inappropriate manner toward them. Torres contends that the City discriminated against him on the basis of race, gender, and perceived disability. Torres challenges the district court’s denial of his motion to amend his complaint to add a Title VII claim of racial discrimination and its denial of his motion for a continuance to conduct additional discovery under Fed.R.Civ.P. 56(f).
We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
The district court properly granted summary judgment on Torres’s 42 U.S.C. § 1983 claim because the City did not have a mandatory duty to utilize the procedures outlined in the City’s Civil Service Commission Rule…